Legal Question in Family Law in California

At what point during a marriage does separate property become community property and what is the code reference? What, if any, exceptions exist to this law?


Asked on 2/19/11, 9:07 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

As soon as you marry your spouse, all earnings and income become community property. Property laws are fairly complex and much more than could be explained in a online forum. Separate property if it is traceable to only seperate earnings without any comingling could be kept separate property. The only problem is that, the longer that people stay married, the more comingling happens and then property no longer retains its separate characteritistic. Therefore most of the time, it becomes converted to community property.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/21/11, 12:58 pm


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